RFQ - NCI CPFP Scientific Presentation Course - Final.docx
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- NCI Cancer Prevention Fellowship Program (CPFP) Scientific Communication Training Federal contract opportunity
- Solicitation number
- 75N91022Q00003
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STATEMENT OF WORK (SOW)
| Document Type: | Combined Synopsis / Solicitation Notice | ||
| Solicitation Number: | 75N91022Q00003 | ||
| Proposed Posted Date: | 12/1/2021 | ||
| Proposed Response Date: | 12/15/2021 | ||
| Classification Code: | U099 – Education/ Training-other | ||
| NAICS Code: | 611430 – Professional and Management Development |
Training Business Size Standard: $12 million
Contracting Office Address
Department of Health and Human Services, National Institutes of Health, National Cancer Institute, Office of Acquisitions, 9609 Medical Center Drive, Room 1E122, Bethesda, MD 20892, UNITED STATES.
Non-USPS mail such as Fedex UPS and other private carriers please use Rockville, MD 20850.
The National Cancer Institute (NCI), Center for Cancer Training (CCT) requires a contractor to provide training to postdoctoral fellows on how to conduct effective scientific presentations in the Cancer Prevention Fellowship Program (CPFP).
This is a combined synopsis/solicitation for commercial items, prepared in accordance with the format in FAR 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation and a separate written solicitation will not be issued.
The North American Industry Classification System (NAICS) code is 611430. The business size standard is $12 million and this is a Small Business Set-Aside.
Only one award will be made as a result of this solicitation. This will be awarded as a severable firm fixed price contract.
Description of Requirement
1.0 TITLE
NCI Cancer Prevention Fellowship Program (CPFP) Scientific Communication Training
2.0 BACKGROUND AND OBJECTIVES
The contractor will provide training on effective scientific communication to postdoctoral fellows in the Cancer Prevention Fellowship Program (CPFP). The objective of these activities is to provide practical, hands-on training to the fellows in order to improve their skills in giving oral presentations to scientific and lay audiences.
Planning and deployment of activities for these trainings consist of:
(1) Fielding brief, pre-training surveys of the fellows to assess pre-existing knowledge and skill levels;
(2) Creating training curricula and developing training materials; and
(3) Tailoring training activities based on priorities identified by CPFP leadership and through the pre-training survey.
Actual training activities should address various modes of scientific communication including but not limited to: long presentations lasting from 30 - 60 minutes; shorter presentations lasting 10-15 minutes; transdisciplinary communications amongst colleagues; outreach presentations to the public, and job interviews with potential employers. Individual videotaping and feedback opportunities will be provided along with group and individual exercises and discussion and assignments for fellows to complete outside of training sessions.
3.0 CONTRACT REQUIREMENTS
Task 1: Training in Scientific Presentations
The contractor shall provide the following as described below. Please note: the budget estimates do not include task management hours.
· Tailored training materials to address priorities identified by CPFP leadership and in the fellow survey. These materials will be used to support the training content and guide hands-on activities with fellows.
· Two (2) 12–15-hour training workshops, conducted on-site or remotely over a period of 3 to 4 days, with no more than 8 fellows per session. During these sessions, the instructor will:
· Conduct hands-on training that include activities addressing the following scientific presentation competencies:
· Identifying the appropriate focus for the presentation
· Crafting a clear story
· Connecting with the audience
· Communicating with confidence and clarity
· Presenting with success in a virtual setting
· Developing slides and other visual aids (e.g., tables, graphs) that enhance the presentation
· Answering questions effectively
· Providing direct feedback and advice to each fellow on how to make improvements.
· On-site or remote coaching sessions with each fellow training participant. It is anticipated that this portion of the course will include no more than 20 extra hours of on-site or remote coaching for a maximum of 15-fellows over a 3-month period. During these coaching sessions the Contractor shall record individual fellows’ scientific presentation and provide feedback for their final presentations.
· Travel and onsite presence for contractor.
· Communication with CPFP leadership about course materials, fellows’ progress, and overall feedback about each session.
Task 2: Elevator Pitch Workshop
The contractor shall provide the following as described below:
· Two (2) elevator pitch workshops, each consisting of three (3) hours of on-site or remote training for no more than ten (10) fellows in each workshop. During the workshop, the instructor will:
· Instruct and conduct hands-on activities on the following competencies:
· Conceptualizing an elevator pitch for different professional scenarios
· Defining the elements of an elevator pitch
· Applying an elevator pitch framework to real-world fellow scenarios
· Facilitate the drafting and delivery of elevator pitches for each participant.
· Provide feedback on each elevator pitch delivered during the workshop.
· Travel and onsite presence for contractor.
· Communication with CPFP leadership about course materials, fellows’ progress, and overall feedback about each session.
Task 3 (Optional): Plain Language Presentation Workshop
The contractor may provide the following as described below:
· Up to three (3) plain language presentation workshops, each consisting of 3-4 hours of training, conducted on-site or remotely over a period of 1-2 days, for no more than eight (8) fellows in each workshop. During the workshop, the instructor will:
· Instruct and conduct hands-on activities on the following competencies:
· Defining the importance of plain language communications (in accordance with NIH standards) in scientific and other settings.
· Using successful strategies to transform scientific language into plain language.
· Facilitate the drafting and delivery of a short plain language presentation for each participant.
· Provide feedback on each participant’s presentation delivered during the workshop.
· Travel and onsite presence for contractor.
· Communication with CPFP leadership about course materials, fellows’ progress, and overall feedback about each session
Task 4 (Optional): Scientific Communication Workshop for Non-English Speakers
The contractor may provide the following as described below:
· One (1) workshop consisting of 4 hours of training, conducted on-site or remotely over a period of 2 days, for no more than five (5) fellows in each workshop. During the workshop, the instructor will:
· Conduct hands-on activities on the following:
· English scientific vocabulary, diction, and phrasing to improve these skills.
· Successful strategies to improve clarity of public speaking in English
· New cultural norms/expectations
· Facilitate the drafting and delivery of a short English language presentation for each participant.
· Provide feedback on each participant’s presentation delivered during the workshop.
· Travel and onsite presence for contractor.
· Communication with CPFP leadership about course materials, fellows’ progress, and overall feedback about each session
Task 5 (Optional): Ad Hoc Coaching Sessions
The contractor may provide up to thirty (30) 1-hour coaching sessions to occur on-site or remotely. Request will be made on an ad hoc basis to review and provide feedback on individual Cancer Prevention Fellow presentations (e.g., conference presentations, job talks, pre-recorded presentations).
4.0 PERSONNEL QUALIFICATIONS
The instructor must have the following:
· 10 years or more of experience in Science Communication.
· 7 years of experience working with the Federal Government Researchers/Trainee. Experience in Media, Leadership and Public Speaking Training background.
· Experience working with trainees in the field of Cancer Prevention Control.
· Experience working with non-native English speaking Post-doctoral Cancer Prevention Control.
5.0 DELIVERABLES
Upon request, the contractor shall provide documented evidence of any or all work products, including, but not limited to, the following tasks:
| DELIVERABLE |
| DELIVERABLE DESCRIPTION / FORMAT REQUIREMENTS |
| DUE DATE |
Base Year/Task 1
| Work products, documents, and planning meetings related to the preparation for Task 1. |
| January 17, 2022 |
| Base Year/Task 1 |
| Final written analysis and report of training activities at the conclusion of Task 1 submitted to designated NCI staff, |
| No later than one week after workshop |
| Base Year/Task 2 |
| Work products, documents, and planning meeting related to the preparation for Task 2 |
| 1 month prior to workshop |
| Base Year/Task 2 |
| Final written analysis and report of training activities at the conclusion of Task 2 submitted to designated NCI staff |
| No later than one week after workshop |
| Base Year /Optional Task 3 |
| Work products, documents, and planning meetings related to the preparation for Task 3. |
| 1 month prior to workshop |
| Base Year /Optional Task 3 |
| Final written analysis and report of training activities at the conclusion of Task 3 submitted to designated NCI staff. |
| No later than one week after workshop |
| Base Year / Optional Task 4 |
| Work products, documents, and planning meetings related to the preparation for Task 4. |
| 1 month prior to workshop |
| Base Year / Optional Task 4 |
| Final written analysis and report of training activities at the conclusion of Task 4 submitted to designated NCI staff. |
| No later than one week after workshop |
| Base Year / Optional Task 5 |
| Work products, documents, and planning meeting related to the preparation for Task 5 |
| 1 month prior to coaching session |
| Base Year / Optional Task 5 |
| Final written analysis and report of training activities at the conclusion of Task 5 submitted to designated NCI staff. |
| No later than one week after coaching session |
| Option Year 1/Task 1 |
| Work products, documents, and planning meetings related to the preparation for Task 1. |
| January 17, 2023 |
| Option Year 1/Task 1 |
| Final written analysis and report of training activities at the conclusion of Task 1 submitted to designated NCI staff, |
| No later than one week after coaching session |
| Option Year 1 /Task 2 |
| Work products, documents, and planning meetings related to the preparation for Task 2. |
| 1 month prior to workshop |
| Option Year 1 / Task 2 |
| Final written analysis and report of training activities at the conclusion of Task 2 submitted to designated NCI staff. |
| No later than one week after workshop |
| Option Year 1 / Optional Task 3 |
| Work products, documents, and planning meetings related to the preparation for Task 3. |
| 1 month prior to workshop |
| Option Year 1 / Optional Task 3 |
| Final written analysis and report of training activities at the conclusion of Task 3 submitted to designated NCI staff. |
| No later than one week after workshop |
| Option Year 1 / Optional Task 4 |
| Work products, documents, and planning meetings related to the preparation for Task 4 |
| 1 month prior to workshop |
| Option Year 1 / Optional Task 4 |
| Final written analysis and report of training activities at the conclusion of Task 4 submitted to designated NCI staff. |
| No later than one week after workshop |
| Option Year 1 / Optional Task 5 |
| Work products, documents, and planning meetings related to the preparation for Task 5 |
| 1 month prior to coaching session |
| Option Year 1 / Optional Task 5 |
| Final written analysis and report of training activities at the conclusion of Task 4 submitted to designated NCI staff. |
| No later than one week after coaching session |
| Option Year 2/Task 1 |
| Work products, documents, and planning meetings related to the preparation for Task 1. |
| January 17, 2024 |
| Option Year 2/Task 1 |
| Final written analysis and report of training activities at the conclusion of Task 1 submitted to designated NCI staff, |
| No later than one week after coaching session |
| Option Year 2 / Task 2 |
| Work products, documents, and planning meetings related to the preparation for Task 2. |
| 1 month prior to workshop |
| Option Year 2 / Task 2 |
| Final written analysis and report of training activities at the conclusion of Task 2 submitted to designated NCI staff. |
| No later than one week after workshop |
| Option Year 2 / Optional Task 3 |
| Work products, documents, and planning meetings related to the preparation for Task 3. |
| 1 month prior to workshop |
| Option Year 2 / Optional Task 3 |
| Final written analysis and report of training activities at the conclusion of Task 3 submitted to designated NCI staff. |
| No later than one week after workshop |
| Option Year 2 / Optional Task 4 |
| Work products, documents, and planning meetings related to the preparation for Task 4 |
| 1 month prior to workshop |
| Option Year 2 / Optional Task 4 |
| Final written analysis and report of training activities at the conclusion of Task 4 submitted to designated NCI staff. |
| No later than one week after workshop |
| Option Year 2 / Optional Task 5 |
| Work products, documents, and planning meetings related to the preparation for Task 5 |
| 1 month prior to coaching session |
| Option Year 2 / Optional Task 5 |
| Final written analysis and report of training activities at the conclusion of Task 5 submitted to designated NCI staff. |
| No later than one week after coaching session |
| Option Year 3/Task 1 |
| Work products, documents, and planning meetings related to the preparation for Task 1. |
| January 17, 2025 |
| Option Year 3/Task 1 |
| Final written analysis and report of training activities at the conclusion of Task 1 submitted to designated NCI staff, |
| No later than one week after coaching session |
| Option Year 3 / Task 2 |
| Work products, documents, and planning meetings related to the preparation for Task 2. |
| 1 month prior to workshop |
| Option Year 3 / Task 2 |
| Final written analysis and report of training activities at the conclusion of Task 2 submitted to designated NCI staff. |
| No later than one week after workshop |
| Option Year 3 / Optional Task 3 |
| Work products, documents, and planning meetings related to the preparation for Task 3. |
| 1 month prior to workshop |
| Option Year 3 / Optional Task 3 |
| Final written analysis and report of training activities at the conclusion of Task 3 submitted to designated NCI staff. |
| No later than one week after workshop |
| Option Year 3 / Optional Task 4 |
| Work products, documents, and planning meetings related to the preparation for Task 4. |
| 1 month prior to workshop |
| Option Year 3 / Optional Task 4 |
| Final written analysis and report of training activities at the conclusion of Task 4 submitted to designated NCI staff. |
| No later than one week after workshop |
| Option Year 3 / Optional Task 5 |
| Work products, documents, and planning meetings related to the preparation for Task 5. |
| 1 month prior to coaching session |
| Option Year 3 / Optional Task 5 |
| Final written analysis and report of training activities at the conclusion of Task 5 submitted to designated NCI staff. |
| No later than one week after coaching session |
| Option Year 4/Task 1 |
| Work products, documents, and planning meetings related to the preparation for Task 1. |
| January 17, 2026 |
| Option Year 4/Task 1 |
| Final written analysis and report of training activities at the conclusion of Task 1 submitted to designated NCI staff, |
| No later than one week after coaching session |
| Option Year 4 / Task 2 |
| Work products, documents, and planning meetings related to the preparation for Task 2. |
| 1 month prior to workshop |
| Option Year 4 / Optional Task 2 |
| Final written analysis and report of training activities at the conclusion of Task 2 submitted to designated NCI staff. |
| No later than one week after workshop |
| Option Year 4 / Optional Task 3 |
| Work products, documents, and planning meetings related to the preparation for Task 3. |
| 1 month prior to workshop |
| Option Year 4 / Optional Task 3 |
| Final written analysis and report of training activities at the conclusion of Task 3 submitted to designated NCI staff. |
| No later than one week after workshop |
| Option Year 4 / Optional Task 4 |
| Work products, documents, and planning meetings related to the preparation for Task 4. |
| 1 month prior to workshop |
| Option Year 4 / Optional Task 4 |
| Final written analysis and report of training activities at the conclusion of Task 4 submitted to designated NCI staff. |
| No later than one week after workshop |
| Option Year 5 / Optional Task 5 |
| Work products, documents, and planning meetings related to the preparation for Task 5. |
| 1 month prior to coaching session |
| Option Year 5 / Optional Task 5 |
| Final written analysis and report of training activities at the conclusion of Task 5 submitted to designated NCI staff. |
| No later than one week after coaching session |
6.0 TYPE OF ORDER
This will be issued as a Severable Firm-Fixed Price Purchase Order.
7.0 PERIOD OF PERFORMANCE
The period of performance shall be for a one-base period with four, 12-month option periods as follows:
| Base Period: | January 17, 2022 to January 16, 2023 | |
| Option Period 1: | January 17, 2023 to January 16, 2024 | |
| Option Period 2: | January 17, 2024 to January 16, 2025 |
Option Period 3: January 17, 2025 to January 16, 2026 Option Period 4: January 17, 2026 to January 16, 2027
8.0 PLACE OF PERFORMANCE
All activities must be conducted remotely or onsite at either NCI Bethesda, Frederick, or Shady Grove campuses.
9.0 REPORT(S)/DELIVERABLES AND DELIVERY SCHEDULE
Metrics will be used to evaluate the effectiveness of the delivered technical requirements and will be based on participant satisfaction, participation, and leadership of scheduled activities. A survey to participants will be administered at the end of the program to help with the evaluation and inform future program content. It is expected that the surveys (e.g. Survey Monkey), will be developed by the Contractor in collaboration with the Technical Point of Contact for this requirement, and the Manager of the Course.
10.0 PAYMENT
Payment shall be made upon receipt and acceptance of all deliverables. Payment authorization requires submission and approval of invoices to the COR and NIH OFM, in accordance with the attached payment provisions listed below:
The following clause is applicable to all Purchase Orders, Task or Delivery Orders, and Blanket Purchase Agreement (BPA) Calls: PROMPT PAYMENT (JAN 2017) FAR 52.232-25. Highlights of this clause and NIH implementation requirements follow:
I INVOICE REQUIREMENTS
A. An invoice is the Contractor's bill or written request for payment under the contract for supplies delivered or services performed. A proper invoice is an "Original" which must include the items listed in subdivisions 1 through 12, below, in addition to the requirements of FAR 32.9. If the invoice does not comply with these requirements, the Contractor will be notified of the defect within 7 days after the date the designated billing office received the invoice (3 days for meat, meat food products, or fish, and 5 days for perishable agricultural commodities, dairy products, edible fats or oils) with a statement of the reasons why it is not a proper invoice. (See exceptions under II., below.) Untimely notification will be considered in the computation of any interest penalty owed the Contractor.
1. Vendor/Contractor: Name, Address, Point of Contact for the invoice (Name, title, telephone number, e-mail and mailing address of point of contact).
2. Remit-to address (Name and complete mailing address to send payment).
3. Remittance name must match exactly with name on original order/contract. If the Remittance name differs from the Legal Business Name, then both names must appear on the invoice.
4. Invoice date.
5. Unique invoice #s for all invoices per vendor regardless of site.
6. NBS document number formats must be included for awards created in the NBS: Contract Number; Purchase Order Number; Task or Delivery Order Number and Source Award Number (e.g., Indefinite Delivery Contract number; General Services Administration number); or, BPA Call Number and BPA Parent Award Number.
7. Data Universal Numbering System (DUNS) or DUNS + 4 as registered in Beta.SAM.gov.
8. Federal Taxpayer Identification Number (TIN). In those exceptional cases where a contractor does not have a DUNS number or TIN, a Vendor Identification Number (VIN) must be referenced on the invoice. The VIN is the number that appears after the contractor’s name on the face page of the award document.
9. Identify that payment is to be made using a three-way match.
10. Description of supplies/services that match the description on the award, by line billed.*
11. Freight or delivery charge must be billed as shown on the award. If it is included in the item price do not bill it separately. If identified in the award as a separate line item, it must be billed separately.
12. Quantity, Unit of Measure, Unit Price, Extended Price of supplies delivered, or services performed, as applicable, and that match the line items specified in the award. *
* NOTE: If your invoice must differ from the line items on the award, please contact the Contracting Officer before submitting the invoice. A modification to the order or contract may be needed before the invoice can be submitted and paid.
B. Shipping costs will be reimbursed only if authorized by the Contract/Purchase Order. If authorized, shipping costs must be itemized. Where shipping costs exceed $100, the invoice must be supported by a bill of lading or a paid carrier's receipt.
Effective April 1, 2020, all NIH contractors/vendors invoices should be sent electronically via email to the NIH Office of Financial Management (OFM) and the NIH Contracting Officer (CO) using the electronic submission instructions outlined below.
This section shall remain in effect until the Government formally notifies the Contractor of a return to mail-in invoice procedures.
II. ELECTRONIC INVOICING INSTRUCTIONS
To All National Institutes of Health (NIH) Contractors/Vendors:
This notification is effective on Wednesday April 1, 2020.
The current national emergency and the need to protect Federal and Contractor staff has resulted in a change to NIH’s invoice submission process. Effective Wednesday, April 1, 2020, all NIH contractors/vendors invoices should be sent electronically via email to the NIH Office of Financial Management (OFM) and the NIH Contracting Officer (CO) using the below electronic submission instructions.
On March 30, 2020, Governor Hogan issued a stay-at-home order for the state of Maryland where residents should not leave their homes unless it is for an essential purpose. Stay-at-home orders were also issued by the state of Virginia and the District of Columbia. Therefore, any mailed contractor/vendor invoices will be processed by NIH; however, significant delays are expected due to staff teleworking and complying with the stay-at-home orders. It is important that NIH contractors/vendors follow the below procedures in order to ensure smooth processing of invoices and timely payment.
Contractor/Vendor Electronic Invoice Submission to the Office of Financial Management (OFM):
The Contractor/Vendor shall:
· Send the invoice to the NIH centralized invoice email box: invoicing@nih.gov
· Follow the below format in the email subject line, which is a must (Note: The keywords and separating bars in bold must be present to identify the information.)
Vendor: name of the contractor/vendor|PO: Contract Number/Task Order Number|Invoice:9999999
· Ensure that the body of the email and attached invoice must both include the contractor/vendor’s correspondence email address in the below format (bolded information must be present to identify information):
Correspondence email address: xyz@abc.com Note: See screenshot example below
· Follow the system size limits that apply to the email and each invoice: individual email attachments cannot exceed 5 megabytes each; and the email plus all attachments cannot exceed a total of 30 megabytes.
· Clearly identify a valid and complete contract number on each invoice
· Clearly identify a valid and complete order number on each invoice
· Clearly identify an accurate DUNS number on each invoice
· Not include confidential information such as Social Security Numbers (do not include TIN if it is a Social Security Number)
· Send one (1) invoice per email The date/time that a valid invoice is submitted electronically to the email box (invoicing@nih.gov) will be the same date/time logged as that the invoice is received by NIH.
Please do not hand-deliver invoices to any NIH office. Please follow the above electronic submission instructions until further notice. In addition, please note that your contract or order will not be modified to reflect the above changes to the invoicing instructions. Failure to follow the above electronic submission instructions may result in invoice processing delays.
For Questions? Inquiries regarding the status of invoices such as receipt of invoices, due date, or payment of invoices should be directed to the OFM Commercial Accounts Branch, Customer Service Office at 301-496-6088. The office is open Monday-Friday from 8:30 am to 4:30 pm (eastern prevailing time). The Customer Service Office is closed daily between 12:00 pm to 1:00 pm (eastern prevailing time).
Contractor Courtesy Copy Electronic Invoice Submission to the Contracting Officer (CO):
The Contractor shall send the OFM-submitted invoice to the NIH Contracting Officer.
STATEMENT OF SOW (SOW)
Example: Screenshot of Invoice Submission via Email
Example: Enlarged
III. INVOICE PAYMENT
A. Except as indicated in paragraph B., below, the due date for making invoice payments by the designated payment office shall be the later of the following two events:
1. The 30th day after the designated billing office has received a proper invoice.
2. The 30th day after Government acceptance of supplies delivered or services performed.
B. The due date for making invoice payments for meat and meat food products, perishable agricultural commodities, dairy products, and edible fats or oils, shall be in accordance with the Prompt Payment Act, as amended.
IV. INTEREST PENALTIES
A. An interest penalty shall be paid automatically, if payment is not made by the due date and the conditions listed below are met, if applicable.
1. A proper invoice was received by the designated billing office.
2. A receiving report or other Government documentation authorizing payment was processed and there was no disagreement over quantity, quality, or contractor compliance with a term or condition.
3. In the case of a final invoice for any balance of funds due the contractor for supplies delivered or services performed, the amount was not subject to further settlement actions between the Government and the Contractor.
B. Determination of interest and penalties due will be made in accordance with the provisions of the Prompt Payment Act, as amended, the Contract Disputes Act, and regulations issued by the Office of Management and Budget.
V. PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS
SUBCONTRACTORS, FAR 52.232-40 (DEC 2013)
1. Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.
1. The acceleration of payments under this clause does not provide any new rights under the prompt Payment Act.
Include the substance of this clause, include this paragraph c, in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.
11.0 PROVISIONS AND CLAUSES
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.acquisition.gov/far/ and/or http://www.hhs.gov/policies/hhsar/.
HEALTH AND HUMAN SERICES ACQUISITION REGULATION (HHSAR) (48 CFR CHAPTER 3):
| Clause No. |
| TITLE |
| 352.203-70 |
| Anti-lobbying (DEC 2015) |
| 352.208-70 |
| Printing and Duplication (DEC 2015) |
| 352.211–3 |
| Paperwork Reduction Act (DEC 2015) |
| 352.222-70 |
| Contractor Cooperation in Equal Employment Opportunity |
Investigations. (DEC2015)
| 352.224-70 |
| Privacy Act (DEC 2015) |
| 352.224-71 |
| Confidential Information (DEC 2015) |
| 352.227–70 |
| Publications and Publicity (DEC 2015) |
| 352.237-74 |
| Non-Discrimination in Service Delivery (DEC 2015) |
FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1):
| Clause No. |
| TITLE |
| 52.203-16 |
| Preventing Personal Conflicts of Interest (JUN 2020) |
| 52.204-4 |
| Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011) |
| 52.212-4 |
| Contract Terms and Conditions – Commercial Items (Oct 2018) |
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items.
As prescribed in 12.301(b)(4), insert the following clause:
CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS. (SEP 2021)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).
(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.] __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUNE 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).
__ (5) [Reserved].
__ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).
_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).
X__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).
__ (10) [Reserved].
__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a).
__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (13) [Reserved] __ (14)
(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).
__ (ii) Alternate I (MAR 2020) of 52.219-6.
__ (15)
(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).
__ (ii) Alternate I (MAR 2020) of 52.219-7.
__ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).
__ (17)
(i) 52.219-9, Small Business Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (NOV 2016) of 52.219-9.
__ (iii) Alternate II (NOV 2016) of 52.219-9.
__ (iv) Alternate III (JUN 2020) of 52.219-9.
__ (v) Alternate IV (SEP 2021) of 52.219-9.
__ (18)
(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).
__ (ii) Alternate I (MAR 2020) of 52.219-13.
__ (19) 52.219-14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 637s).
__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).
__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C. 657f).
__ (22)
(i) 52.219-28, Post Award Small Business Program Rerepresentation (SEP 2021) (15 U.S.C. 632(a)(2)).
__ (ii) Alternate I (MAR 2020) of 52.219-28.
__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (SEP 2021) (15 U.S.C. 637(m)).
__ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (SEP 2021) (15 U.S.C. 637(m)).
__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).
__ (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15U.S.C. 637(a)(17)).
_X_ (27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).
__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN2020) (E.O.13126).
X__ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
_X_ (30) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).
__ (ii) Alternate I (FEB 1999) of 52.222-26.
X__ (31) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
__ (ii) Alternate I (JUL 2014) of 52.222-35.
__ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities
(JUN 2020) (29 U.S.C. 793).
__ (ii) Alternate I (JUL 2014) of 52.222-36.
X__ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
_X_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).
__ (35) (i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).
__ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
__ (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
__ (37)
(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).
__ (40)
(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (OCT 2015) of 52.223-13.
__ (41)
(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun2014) of 52.223-14.
__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).
__ (43)
(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).
__ (ii) Alternate I (JUN 2014) of 52.223-16.
X__ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).
__ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).
__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).
__ (47)
(i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).
__ (ii) Alternate I (JAN 2017) of 52.224-3.
__ (48) 52.225-1, Buy American-Supplies (JAN2021) (41 U.S.C. chapter 83).
__ (49)
(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (JAN 2021)(41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
__ (ii) Alternate I (JAN 2021) of 52.225-3.
__ (iii) Alternate II (JAN 2021) of 52.225-3.
__ (iv) Alternate III (JAN 2021) of 52.225-3.
__ (50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
X__ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).
__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).
__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).
__ (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021) .
__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
__ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
X__ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) (31 U.S.C. 3332).
__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
__ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
__ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
__ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)).
__ (63)
(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).
__ (ii) Alternate I (APR 2003) of 52.247-64.
__ (iii) Alternate II (FEB 2006) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.] __ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter67).
__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).
__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
_X_ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).
__ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).
__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)
(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(vii) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).
(viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).
(xiii)
(A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).
(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).
(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xix)
(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause) 52.217-6 Option for Increased Quantity (MAR 1989) The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days. Delivery of the added items shall continue at the same rate as the like items called for under the contract unless the parties otherwise agree.
(End of clause) 52.217-8 -- Option to Extend Services (Nov 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.
52.217-9 -- Option to Extend the Term of the Contract (Mar 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 10 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 15 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.
(End of clause) FAR 52.223-99 Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors (OCT 2021) (DEVIATION)
(a) Definition. As used in this clause - United States or its outlying areas means—
(1) The fifty States;
(2) The District of Columbia;
(3) The commonwealths of Puerto Rico and the Northern Mariana Islands;
(4) The territories of American Samoa, Guam, and the United States Virgin Islands; and
(5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll.
(b) Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on September 14, 2021, 86 FR 50985).
(c) Compliance. The Contractor shall comply with all guidance, including guidance conveyed through Frequently Asked Questions, as amended during the performance of this contract, for contractor or subcontractor workplace locations published by the Safer Federal Workforce Task Force (Task Force Guidance) at https:/www.saferfederalworkforce.gov/contractors/.
(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts at any tier that exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award, and are for services, including construction, performed in whole or in part within the United States or its outlying areas.
FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The quoter is cautioned that the listed provisions may include blocks that must be completed by the quoter and submitted with its quotation. In lieu of submitting the full text of those provisions, the quoter may identify the provision by paragraph identifier and provide the appropriate information with its quotation. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov/Far/ and/or http://www.hhs.gov/policies/hhsar/.
| PROVISION NO. |
| TITLE |
| DATE |
| HHSAR 352.239–73 |
| ELECTRONIC AND INFORMATION TECHNOLOGY |
ACCESSIBILITY NOTICE
DEC 2015
| PROVISION NO. |
| TITLE |
| DATE |
| FAR 52.212-1 |
| INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS |
JUN 2020
| FAR 52.225-25 |
| PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN-REPRESENTATIONS AND CERTIFICATIONS (JUN 2020) |
| JUN 2020 |
52.204-24 Representation Regarding Certain…
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